Nagarajan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.19421 of 2021 Nagarajan ... Petitioner vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of Animal Husbandry, Dairying and Fisheries, Fort St George, Chennai.
2.The District Collector, Pudukottai District. 3.The Superintendent of Police, Pudukottai District 4.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.
5.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Pudukottai District 6.Animal Welfare Board of India, 13/1, Seaward Road, Valmiki Nagar, Thiruvanmiyur , Chenna - 600041 1/7
7.The Tahsildhar, Gandarvakottai Taluk, Pudukottai District.
8.The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 9.Pannerselvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from permitting the 9th Respondent or his men or any individual to conduct Manjuvirattu ceremony on 16.01.2022 or on any subsequent dates at Andanur Village, Gandarvakottai Taluk, Pudukottai District without getting proper permission from the competent authority. For Petitioner :Mr.R.Maheswaran For R1, R2, R5 to R7 :Ms.S.Jeyapriya Government Advocate For R3, R4 and R8 :Mr.R.Sivakumar Government Advocate (Crl.side) For R9 :Mr.P.Ganapathi Subramanian *****
O R D E R
This Writ Petition has been filed for the issue of a Writ of Mandamus forbearing the official respondents from permitting the ninth respondent or any person claiming under him to conduct Manjuvirattu ceremony on 16.01.2022 or on any other subsequent days at Andanur Village, Gandarvakottai Taluk, Pudukottai District without getting proper 2/7
permission from the competent authority.
2.When the matter came up for hearing on 03.01.2022, this Court passed the following order:
"The writ petition has been filed in the nature of Writ of Mandamus, seeking a restraint against the ninth respondent or anybody else acting under him from conducting Manjuvirattu ceremony on 16.01.2022 or on any subsequent date at Andanur Village, Gandarvakottai Taluk, Pudukottai District. 2.It is claimed by Mr.R.Maheswaran, learned counsel for the petitioner that the nineth respondent does not have any permission to conduct such Manjuvirattu festival. It is apprehended that even without getting such permission, he may proceed to conduct the said Manjuvirattu festival/ceremony and it is also apprehended by the learned counsel that it might be held prior to Pongal even on 11.01.2022.
3.Mr.N.Satheeshkumar, learned Additional Government Pleader, took notice on behalf of respondents 1 to 8 and stated that he had received instructions from the sixth respondent/Animal Welfare Board of India that as on date, no application has been received from the ninth respondent or from any other individual from Andanur Village in Gandarvakottai Taluk, Pudukottai District for conducting Manjuvirattu festival either on 11.01.2022 or on 16.01.2022. It is also stated by the learned Additional Government Pleader that the said village is not a notified area for conducting such festival. 4.Issue notice to the ninth respondent through Court and also privately returnable by 10.01.2022.
5.Let instructions be further obtained. Call the matter once again on 10.01.2022."
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3.When the matter was taken up for hearing today, the learned Counsel for the petitioner, on instructions, submitted that inspite of the stand taken by the official respondents before this Court, the Manjuvirattu festival was conducted by the ninth respondent on 16.01.2022. The learned Counsel further submitted that once again attempts are being made to conduct the festival during the forthcoming Pongal in 2024 and hence, requested this Court to issue appropriate directions in this regard.
4.In the considered view of this Court, the official respondents have already taken a stand before this Court that the concerned village is not a notified area for conducting such a festival. Even insofar as a notified village is concerned, a proper application has to be made before the concerned authority and there must be a permission granted for conducting the festival, failing which, no such festival shall be conducted even in a notified village.
5.In view of the above, it is made clear that the official respondents in this case will not permit the Manjuvirattu to be conducted in the 4/7
concerned village without obtaining proper permission and if any attempt is made for conducting the festival, immediate action shall be taken against the concerned person in accordance with law. It shall be ensured that the law is not violated and the officials do not turn a deaf ear and a blind eye, if such festival is conducted without any permission right under the nose of the officials.
6.This Writ Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 23.11.2023 Internet :Yes / No NCC :Yes / No cmr 5/7
To 1.The Secretary, The State of Tamil Nadu, Department of Animal Husbandry, Dairying and Fisheries, Fort St George, Chennai.
2.The District Collector, Pudukottai District. 3.The Superintendent of Police, Pudukottai District 4.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.
5.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Pudukottai District 6.Animal Welfare Board of India, 13/1, Seaward Road, Valmiki Nagar, Thiruvanmiyur , Chenna - 600041 7.The Tahsildhar, Gandarvakottai Taluk, Pudukottai District.
8.The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 6/7
N.ANAND VENKATESH, J.
cmr 23.11.2023 7/7